RESIDENTIAL LEASE FOR SEQUOIA PROPERITES Year: 2005-2006
THIS IS INTENDED TO BE A LEGALLY BINDING AGREEMENT - READ IT CAREFULLY. Santa Barbara, California. July 1st , 2005
1. LANDLORD AND TENANTS: This Residential Lease is made and entered into on July 1st 2005 between Sequoia
Properties LLC (“Landlord”) and John Doe (“Tenants”). Each Tenant is jointly and severally liable for the payment of rent and performance of all other terms of this Agreement. Both Landlord and Tenants agree as follows:
2. PROPERTY: Landlord is the owner of certain real property improved with a building (the “building”) containing residential
units commonly known as 123 Fake Street (the “property”) Landlord agrees to lease the premises in the building commonly known as 123 Fake Street(the “Premises”) upon the terms and subject to the conditions contained herein.
3. TERM: The term of this lease shall be for a period of 9 MONTHS commencing July 1st , 2005 and terminating June 23,
2006. Should Tenants vacate before expiration of the term, Tenants shall be liable for the balance of the rent for the remainder of the term, less any rent Landlord collects or could have collected from a replacement tenant by reasonably attempting to re-rent. Tenants who vacate before expiration are also responsible for Landlord’s cost of advertising for a replacement tenant and any administrative fees.
4. RENT: Tenant agrees to pay a monthly rent of $0.00, payable and due on the first of every month for that same month. Rent
installments are payable in advance. At time of signing this Agreement, Tenants shall pay to Landlord FIRST MONTHS RENT in the form of a cashier’s check. Last months rent, due June 1, 2006of $0.00 may not be deducted from the security deposit. Monthly rent must be paid as a single cashier’s or personal check. Multiple checks of incremental sums are not acceptable. See Number 7 for Payment address.
5. LATE CHARGE: Tenant acknowledges that late payment of rent may cause Landlord to incur costs and expenses, the exact amount of such costs being extremely difficult and impractical to fix. Such costs may include, but are not limited to, processing and accounting expenses, late charges that may be imposed on Landlord by terms of any loan secured by the property, costs for additional attempts to collect rent, and preparation of notices. Therefore, if any installment of rent due from Tenant is not received by Landlord within TWO calendar days after date due, Tenant shall pay to Landlord an additional sum of 6% as a late charge which shall be deemed additional rent. The Parties agree that this late charge represents a fair and reasonable estimate of the costs that Landlord may incur by reason of Tenant’s late payments. Acceptance of any late charge shall not constitute a waiver of Tenant’s default with respect to the past due amount, or prevent Landlord from exercising any other rights and remedies under this agreement, and as provided by law. 6. RETURNED CHECK AND OTHER BANK CHARGES: In the event that any check offered by Tenants to Landlord
in payment of rent or any other amount due under this Agreement is returned for lack of sufficient funds, a ”stop payment”, or any other reason, Tenants shall pay Landlord a returned check charge in the amount of $55.00 per check in addition to a late fee. Landlord may serve a 30 days’ written notice that all future rent be paid by certified check or money order.
7. PAYMENT: Make checks payable to Sequoia Properties Inc. Prior approval must be made if payment form is other than a single personal or cashier’s check. The rent shall be mailed or delivered (items to be in sealed, addressed envelope in either case) to: Sequoia Properties 501 Chapala Street, Suite A Santa Barbara, CA 93101-3447 8. SECURITY DEPOSIT: At time of signing this Agreement, Tenants shall pay to Landlord the sum of $ rent x 2 In the form of a cashier’s check as a security deposit.
a. Tenants may not apply this security deposit to any months rent or to any other sum due under this Agreement. Landlord may use there from such amounts as are reasonably necessary to remedy Tenant’s default in the payment of rent, late charges, to repair damages caused by Tenant, or by a guest or a licensee of the Tenant, to clean the premises, if necessary, during and / or upon termination of tenancy, and to replace or return personal property or appurtenances exclusive of ordinary wear and tear. Such statement and remaining portion of security deposit, if any, shall be mailed to the address furnished to Landlord by Tenant at the time of termination. In case that no such address was furnished, this statement and deposit will be mailed to the premises with the assumption that it will be forwarded by the U.S. Postal Service. No trust relationship between Landlord and Tenant is created on account of the security deposit and Landlord may commingle the deposit with other funds of Landlord.
Tenants Initials _______ ________ ________ ________ ________ ________ ________ ________ Sequoia Properties, LLC 501 Chapala Street, Suite A, Santa Barbara, CA 93101-3447 Phone (805) 892-4184 Fax (805) 965-4783 www.Sequoiapropertiesonline.com Page 1 of 6
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If any portion of the security deposit is used during the term of tenancy, Tenant agrees to reinstate said total security deposit PLUS 10% upon FIVE days written notice delivered to Tenant in person or by mail. The previous deposit amount plus the 10% will now be considered the security deposit amount. No later than 21 calendar days after the Tenant has vacated the premises, the Landlord shall furnish the Tenant with an itemized written statement of the reasons for, and the dollar amount of, any of the security deposit retained by the Landlord, along with a check for any deposit balance. This will be mailed to the address furnished to Landlord by Tenant at time of termination. In the case that no such address is furnished, this information and check will be mailed to the just vacated property with assumption that it will be forwarded by the US Postal Service. Deposit Refund; at the sole and exclusive option of the Landlord, the security deposit shall not be returned nor an accounting be due until the last of the named parties comprising Tenant vacates the Premises. Any Tenant vacating the premises shall receive a reimbursement for his or her share of the security deposit from the Tenants remaining in possession of the Premises.
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9. TENANT’S OBLIGATION UPON VACATING PREMISES: Upon termination of this lease, Tenant shall:
a. b. c. d. e. f. Give Landlord all copies of all keys or opening devices to the premises, including any common areas. Vacate the Premises and surrender it to Landlord empty of all persons. Vacate any /all parking and/or storage space. Deliver the Premises to Landlord in the same condition it was rented in the beginning. Premises must be clean of dirt, dust, grease, ect.. Carpets must be professionally cleaned. Proof of receipt provided to landlord. Give written notice to Landlord of Tenant’s forwarding address.
10. UTILITIES: Tenant agrees to apply for and pay all utilities and service fees related to such utilities. This includes, but is not limited to electrical, gas, cable, water and phone. (Water to be paid by Landlord at 6581 Trigo) Trash pick-up is mandated in order to maintain property in a healthy status and will be provided by Landlord. This will include one trashcan (32 gallon) per week per bedroom. All other trash removal to be at the Tenant’s cost. Tenant must immediately change any required utilities to their own name, if this doesn’t occur, a $25.00 Administrative Fee will be charged for each bill received in addition to the total bill amount due. 11. CONDITION: Tenant has examined the premises, appliances, and fixtures including smoke detectors contained therein, and accepts the same as being clean, and in operative condition, with the exceptions listed on the attached form. The premises are maintained and in excellent condition. Normal wear and tear is expected, but any excessive damage or abuse will be repaired and billed to the tenants. It is hereby agreed that all dirt, holes, tears, burns and stains of any size or amount in the floor, drapes, walls, fixtures and/or any part of the premises, do not constitute reasonable wear and tear. 12. OCCUPANTS: The premises are for the sole use as a residence by the Tenants named above only. Occupancy by guests for more than ten days in any six-month period is prohibited without Landlord’s written consent and shall be considered a breach of this Agreement. 13. INDEMNIFICATION OF LANDLORD: Tenant agrees to indemnify Landlord for any liability arising before termination of this Lease for personal injuries or property damage caused by the negligent, willful, or intentional conduct of Tenant and its guests or invitees. 14. PETS: No animal, bird or pet shall be kept on or about the premises without Landlord’s prior written consent. In the cases where the Landlord permits said animals, the rent will be an additional $75.00 per month. If animal is a dog, it must show obedience by voice command and not be an obsessive barker. Tenant agrees to indemnify Landlord for any liability arising before termination of this Lease for personal injuries or property damage caused by the negligent, willful, or intentional conduct of Tenant or their pets, guests or invitees. 15. THIS IS A NONSMOKING RESIDENCE AND PROPERTY. This includes all outside areas. 16. USE: Tenant shall not disturb, annoy, endanger or interfere with neighbors, nor use the premises for any unlawful purposes,
nor violate any law or ordinance, nor commit waste or nuisance upon or about the premises. Tenant may not play televisions, stereos, radios, any other amplified electrical devices, or any musical instrument at a level that may disturb other Tenants.
17. RULES & REGULATIONS:
a. Tenant agrees to comply with all reasonable rules and regulations which are at any time posted on the premises or delivered to Tenant and to be liable for any fines or charges levied due to violation(s). No placing signs, displays or any other exhibits on or in any portion of the Premises, including the windows thereof, without the written consent of Landlord, which consent may be withheld in Landlord’s sole and absolute discretion. Tenants Initials _______ ________ ________ ________ ________ ________ ________ ________ Sequoia Properties, LLC 501 Chapala Street, Suite A, Santa Barbara, CA 93101-3447 Phone (805) 892-4184 Fax (805) 965-4783 www.Sequoiapropertiesonline.com Page 2 of 6
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No FIREARMS, EXPLOSIVES or other weapon type items to be used or stored on said premises.
18. MAINTENANCE: Tenant shall properly use and operate all appliances, electrical, gas and plumbing fixtures and keep them as clean and sanitary as their condition permits.
a. Excluding ordinary wear and tear, Tenant shall notify Landlord and pay for all repairs or replacements caused by Tenant(s) or Tenants invitees’ negligence or misuse. Tenant’s personal property is not insured by Landlord. The property is to be kept clean of all trash and debris, including, but not limited to, old furniture, cans, bottles, and non running automobiles. Tenant is responsible to pay for the cleaning out of any plumbing fixture that may need to be cleared of stoppage and for the expense of damage caused by the stoppage of waste pipes or overflow from bath tubs, wash basins, toilets or sinks. If it is necessary to clean property in order to be in accordance with above conditions, such costs will be billed to Tenants at rate of $35.00 per man hour. It is the Tenants responsibility to replace any burned out light bulbs and batteries for smoke detectors. All NON-EMERGENCY maintenance request need to be submitted in writing to the office either by mail, fax or e-mail at maintenance@sequoiapropertiesonline.com. If there is an EMERGENCY, call the office immediately at 805-892-4184 and follow-up with a written statement of your emergency.
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19. ALTERATIONS: Tenant shall not paint, wallpaper, add or change locks or make alterations to the property without Landlord’s prior written consent. Installing antenna or satellite dish, using screws, fastening devices, large nails or adhesive 20. KEYS: Tenant acknowledges receipt of
key(s) to premises. The locks on your building are master keyed and must be re-keyed through Sequoia Properties, LLC. You may NOT re-key the locks on your own. All issued keys must be returned at the end of the lease in order to avoid being charged to have the whole unit re-keyed. At tenant’s expense, and with THREE days prior notice, Tenant may request that the Landlord re-key existing locks. .
21. ENTRY: Upon not less than 24 hours notice, Tenant shall make the premises available during normal business hours to Landlord, authorized agent or representative, for the purpose of entering to (A) make necessary or agreed repairs, decorations, alterations or improvements or supply necessary or agreed services, or (B) show the premises to prospective or actual mortgagees, tenants, or contractors. In an emergency, Landlord, authorized agent or representative may enter the premises, at any time, without prior permission from Tenant. 22. EXTENDED ABSENCES BY TENANTS: Tenants agree to notify Landlord in the event that they will be away from
the premises for 20 consecutive days or more. During such absence, Landlord may enter the premises at times reasonably necessary to maintain the property and inspect for damage and needed repairs.
23. ASSIGNMENT & SUBLETTINGS: Tenant shall not let or sublet all or any part of the premises nor assign this agreement or any interest in it without prior written approval from Landlord. 24. POSSESSION: If, after signing this Agreement, Tenants fail to take possession of the premises, they shall still be responsible for paying rent and complying with all other terms of this Agreement If tenant abandons or vacates the premises, Landlord may terminate this agreement and regain lawful possession. If this occurs, conditions set in TERM above will remain in full force. 25. DAMAGE TO PREMISES: In the event the premises are partially or totally damaged or destroyed by fire or other cause,
the following shall apply: a. If the premises are totally damaged and destroyed, Landlord shall have the option to: (1) repair such damage and restore the premises, with this Agreement continuing in full force and effect, except that Tenant’s rent shall be abated while repairs are being made; or (2) give written notice to tenants terminating this agreement at any time within thirty (30) days after such damage, and specifying the termination date; in the event that Landlord gives such notice, this agreement shall expire and all of Tenants’ rights pursuant to this Agreement shall cease. b. Landlord shall have the option to determine that the premises are only partially damaged by fire or other cause. In that event, Landlord shall attempt to repair such damage and restore the premises within thirty (30) days after such damage. If only part of the premises cannot be used, Tenants must pay rent only for the usable part, to be determined solely by Landlord. If Landlord is unable to complete repairs within thirty (30) days, this Agreement shall expire and all of Tenants’ rights pursuant to this Agreement shall terminate at the option of either party. Tenants Initials _______ ________ ________ ________ ________ ________ ________ ________ Sequoia Properties, LLC 501 Chapala Street, Suite A, Santa Barbara, CA 93101-3447 Phone (805) 892-4184 Fax (805) 965-4783 www.Sequoiapropertiesonline.com Page 3 of 6
c. In the event that Tenants, or their guests or invitees, in any way caused or contributed to the damage of the premises, Landlord shall have the right to terminate this Agreement at any time, and Tenants shall be responsible for all losses, including, but not limited to, damage and repair costs as well as loss of rental income.
26. TENANTS’ FINANCIAL RESPONSIBILITY: Tenants agree to accept financial responsibility for any loss or damage to personal property belonging to Tenants and their guests and invitees caused by theft, fire or any other cause. Landlord assumes no liability for any such loss. Landlord recommends that Tenants obtain a Renter’s insurance policy from a recognized insurance firm to cover Tenants’ liability, personal property damage and damage to the premises. 27. WATERBEDS: No waterbed or other item of water-filled furniture shall be kept on the premises without Landlord’s
written consent.
28. HOLD OVER: Any holding over at the expiration of this lease shall create a month-to-month tenancy at a monthly rent of $ 0.00 payable in advance. This rent is not pro-rated and consists of a minimum of one month. All other terms and conditions herein shall remain in full force and effect. 29. TENANT’S DEATH OR DISABILITY: Tenant may not cause this lease to be assigned, either voluntarily or involuntarily. If no cotenant or subtenant previously approved by Landlord in writing remains in the Premises after Tenant’s death, this lease shall be considered terminated and the Premises voluntarily vacated 30 days after the death of Tenant. Any payment of rent during and for the 30-day period shall be considered to be made on behalf of decedent or his estate and shall not create a new tenancy. 30. ATTORNEY’S FEES: In any action or proceeding arising out of this agreement, the prevailing party shall be entitled to reasonable attorney’s fees and costs. 31. WAIVER: The waiver of any breach shall not be construed to be a continuing waiver of any subsequent breach. Landlord’s receipt of rent with knowledge of Tenants violation of a covenant does not waive Landlord’s right to enforce any covenant of this Lease. No waiver by either party of a provision OF THIS Lease will be considered to have been made unless expressed in writing and signed by all parties. 32. NOTICE: Notice to Landlord may be served upon Landlord at the address noted above for PAYMENT. 33. ESTOPPEL CERTIFICATE: Within 10 days after written notice, Tenant agrees to execute and deliver an estoppel certificate as submitted by Landlord acknowledging that this agreement is unmodified and in full force and effect or in full force and effect as modified and stating the modifications. Failure to comply shall be deemed Tenant’s acknowledgment that the certificate as submitted by Landlord is true and correct and may be relied upon by a lender. 34. ENTIRE CONTRACT: Time is of the essence. All prior agreements between the parties are incorporated in this
agreement which constitutes the entire contract. Its terms are intended by the parties as a final expression of their agreement with respect to such items as are included herein and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend that this agreement constitutes the complete and exclusive statement of its terms and that no extrinsic evidence whatsoever may be introduced in any judicial or other proceeding, if any, involving this Agreement. 35. MAINTENANCE DELAYS: If maintenance of this property is delayed for any reason, this Agreement shall continue in full force and effect, except that Tenant’s rent shall be abated while unit is being finished. This abatement shall be considered fair housing expense coverage in the interim, and no other expenses will be reimbursed. Landlord will not be liable for any damage caused thereby, nor will this lease be void or voidable. 36. COMMON AREA: No items may be placed or stored in the common areas. Common areas include driveway, balconies, front yard, back yard, and laundry room. Any items stored or placed in the areas that create a health and/or fire hazard and will be removed at Tenant’s expense. Washer and Dryer are not provided at all units. Please check with Landlord in advance for details.
Tenants Initials _______ ________ ________ ________ ________ ________ ________ ________ Sequoia Properties, LLC 501 Chapala Street, Suite A, Santa Barbara, CA 93101-3447 Phone (805) 892-4184 Fax (805) 965-4783 www.Sequoiapropertiesonline.com Page 4 of 6
37. LEAD PAINT: Lead Based Paint (Does not apply to 6732 Del Playa) a. Lead Disclosure. The Premises were built before 1978 and the following must be completed by the Landlord and Tenant.
Lead Warning Statement: Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women . Before renting housing built before 1978 Landlords must disclose the presence of known lead-based paint and/or lead-based paint or other lead-based hazards in the dwelling. Tenants must also receive a federally approved pamphlet on lead poisoning prevention. Landlord’s disclosure: _____ (initial to show accord) Landlord has no knowledge of lead-based paint and/or lead-based paint hazards in the Premises. Landlord has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the Premises. c. Tenant’s Acknowledgment: _____(initial to show accord) Tenant has received the pamphlet “Protect Your Family from Lead in Your Home” b.
38. PARKING: Each unit is assigned 1 parking space. Spaces are numbered and only tenants may use the space assigned to their unit. Tenants may not park in another tenant’s space. Any cars parked without authorization will be towed at owner’s expense. 39. NO AUTOMOBILE REPAIR: Tenant may not repair automobiles, motorcycles, other motor vehicles, or any other heavy machinery, anywhere in the parking area, or driveway, or on any other portion of the Property. 40. DELINQUENCY/VIOLATION NOTICE. Tenant shall pay an administrative charge of $50.00 each time Landlord has prepared and served a three-day notice on tenant to pay rent, quit the premises or otherwise comply with the Lease. Any and all of said amounts will be due and payable upon demand by Landlord and failure by Tenant to pay any of said amounts shall constitute a material breach of this Agreement, and at the election of Landlord, shall permit Landlord to terminate this agreement. 41. DATABASE DISCLOSURE: Notice: The California Department of Justice, Sheriff Department, Police Department serving jurisdictions of 200.000 or more and many other local law enforcement authorities maintain for public access a database of locations of persons required to register pursuant to paragraph (1) the subdivision (a) of section 290.4 of the Penal Code. The database is updated on a quarterly basis and a source of information about the presence of these individuals in any neighborhood. The Department of Justice also maintains a Sex Offender Identification Line through which inquires about individuals may be made. This is a “900” telephone service. Callers must have specific information about individuals they are checking. Information regarding neighborhoods is not available through the “900” telephone service.
Tenants Initials _______ ________ ________ ________ ________ ________ ________ ________ Sequoia Properties, LLC 501 Chapala Street, Suite A, Santa Barbara, CA 93101-3447 Phone (805) 892-4184 Fax (805) 965-4783 www.Sequoiapropertiesonline.com Page 5 of 6
ACKNOWLEDGMENT: The undersigned are 18 years of age or older and have read the foregoing prior to execution and acknowledge receipt of a copy.
Landlord:________________________ Date_________ Landlord: Date:
Tenant: __________________________ Date: ________ Parent or Guardian: Tenant: __________________________ Date: ________Parent or Guardian: Tenant: __________________________ Date: ________Parent or Guardian: Tenant: __________________________ Date: ________Parent or Guardian: Tenant: __________________________ Date: ________Parent or Guardian: Tenant: __________________________ Date: ________Parent or Guardian: Tenant: __________________________ Date: ________Parent or Guardian: Tenant: __________________________ Date: ________Parent or Guardian:
Date: Date: Date: Date: Date: Date: Date: Date:
If Tenant’s primary source of income comes from a Parent or Guardian they must sign this lease and provide a completed Guarantor Form.
Tenants Initials _______ ________ ________ ________ ________ ________ ________ ________ Sequoia Properties, LLC 501 Chapala Street, Suite A, Santa Barbara, CA 93101-3447 Phone (805) 892-4184 Fax (805) 965-4783 www.Sequoiapropertiesonline.com Page 6 of 6